Actions taken by the department during enquiry need not necessarily be termed as harassment

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The Hon’ble Madras High Court in the matter of M/s Sridhar v the Superintendent of GST [Crl. O.P. No.7736 of 2022 dated June 6, 2022] dismissed the petition alleging the harassment by the Superintendent of Goods and Services Tax.

Facts:
M/s Sridhar (“the Petitioner”) has filed an Criminal Petition under Section 482 of Code of Criminal procedure in order to direct the Superintendent of GST (“the Respondent”) not to harass him during the enquiry of the case. The Petitioner contented that he is forced to pay the tax of Rs.29 lakhs, whereas as per the Respondent, despite of several opportunity the Petitioner has not produced any documents to justify his case.

Issue:

  • Whether the actions taken by the Respondent during the enquiry can be considered as harassment?

Held:

The Hon’ble Madras High Court in [Crl. O.P. No.7736 of 2022 dated June 6,2022] held as under:

  • Directed the Petitioner to coorporate with the Respondent for enquiry.
  • Stated that, the term harassment is so subjective which cannot be encapsulated in objective criterion.
  • Held that, the Respondent shall issue notice for the appearance of the Petitioner for enquiry within two weeks and after enquiring the Petitioner, the Respondent may either register a complaint, if any cognizable offence is made out or close the complaint.

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CA Bimal Jain
A2Z Taxcorp LLP is a boutique Indirect Tax firm having its offices at New Delhi and Guwahati specializing in GST, Central Excise, Custom, Service Tax, VAT, DGFT, Foreign Trade Policy, SEZ, EOU, Export – Import Laws, Free Trade Policy, etc. It is a professionally managed firm having a team of experienced and distinguished Chartered Accountants, Company Secretary, Lawyers, Corporate Financial Advisors and Tax consultants to provide various services like litigation and representation, transaction advisory, diagnostic reviews/ health checks, audit defense & protection, retainership & compliance, configuration of tax efficient business model etc. Its clientele consists mainly of Foreign MNC, large/mid-sized Indian companies which includes exporters, FMCG, consumer durables, automobiles, aerated beverages, ceramic tiles, real-estate, hospitality, etc. Our clients include Varun Beverages Limited, Kajaria Ceramics Limited, L.G. Electronics India Private Limited, Shipra Hotel Limited, Multani Pharmaceuticals Limited, Shangri-La Eros Hotel etc. Flat No. 34B, Ground Floor, Pocket - 1, Mayur Vihar, Phase–I, Delhi – 110091 India Desktel:+91-11-42427056 Mobile:+91 8076563802 info@a2ztaxcorp.com www.a2ztaxcorp.com
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